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Provincial Insolvency Act, 1920 Section 46

Title: Mutual Dealings and Setoff

State: Central

Year: 1920

Where there have been mutual dealings between an insolvent and a creditor proving or claiming to prove a debt under this Act, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively.

Presidency-towns Insolvency Act, 1909 Section 47

Title: Mutual Dealings and Set-off

State: Central

Year: 1909

Where there have been mutual dealings between an insolvent and a creditor proving or claiming to prove a debt under this Act, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively: Provided that a person shall not be entitled under this section to claim the benefits of any set-off against the property of an insolvent in any case where he had at the time of giving credit to the insolvent notice of the presentation of any insolvency petition by or against him.

Presidency Towns Insolvency Act, 1909 Complete Act

State: Central

Year: 1909

....."If this Bill be passed into law it will be necessary to repeal the 1848 Act, and this raise a question which deserves consideration. The present Act is an Act of the imperial Parliament and a vesting order made under it vests in the assignee by direct operation all the real and personal estate and effects of the insolvent in whatever part of the King's dominions they may be situate or accrue; and a discharge under the Act has effect in every part of those dominions. The Act is one of those which it is within the competency of the Legislative Council of the Governor-General to repeal, but if it be repealed and an Indian Act be substituted, it follows that these advantages must at least for the most part be abandoned, since an Act of the Indian Legislature cannot operate for this purpose outside the limits of India. In 1886 it was proposed that an Act of the Imperial Parliament should be obtained to give this authority to insolvency proceedings in India, but no such Act has as yet been passed. It is believed, however, that the advantages conferred by the Act of 1848 are of no real value, since experience has shown that in practically every case in which there are assets in both.....

The Insolvency Act, 1955 Complete Act

State: Kerala

Year: 1955

THE INSOLVENCY ACT, 1955 ACT II OF 1956 THE INSOLVENCY ACT, 1955 1 An Act to consolidate and amend the law relating to insolvency. Preamble .-Whereas it is expedient to consolidate and amend the law relating to insolvency; Be it enacted in the Sixth Year of the Republic of India as follows:- 1. Short title extent and commencement .-(1) This Act may be called the 2 [********] insolvency Act, 1955. 3 [ "(2) It extends to the whole of the State of Kerala"] (2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. 4 2. Definitions .-(1) In this Act, unless the context otherwise requires, (a) "Collector" means the Chief Officer in charge of the revenue administration of the district and includes an acting or officiating Collector and also any officer appointed by the Government to exercise the functions of the Collector; (b) "creditor" includes a decree-holder, "debt" includes a judgment-debt, and "debtor" includes a judgment-debtor; (c) "District Court" means the principal Civil Court of original jurisdiction; (d) "prescribed" means prescribed by rules made under this Act; (e) .....

Provincial Insolvency Act, 1920 Part III

Title: Administration of Property

State: Central

Year: 1920

.....annum computed from the declaration of a dividend to the time when the debt would have become payable, according to the terms on which it was contracted. Section 46 - Mutual dealings and setoff Where there have been mutual dealings between an insolvent and a creditor proving or claiming to prove a debt under this Act, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed or paid on either side respectively. Section 47 - Secured creditors (1) Where a secured creditor realises his security, he may prove for the balance due to him, after deducting the net amount realised. (2) Where a secured creditor relinquishes his security for the general benefit of the creditors, he may prove for his whole debt. (3) Where a secured creditor does not either realise or relinquish his security, he shall, before being entitled to have his debt entered in the schedule, state in his proof the particulars of his security, and the value at which he assesses it, and shall be entitled.....

Presidency-towns Insolvency Act, 1909 Part III

Title: Administration of Property

State: Central

Year: 1909

.....of the act of insolvency on which an order of adjudication is made against him, or (b) if the insolvent is proved to have committed more acts of insolvency than one, the time of the first of the acts of insolvency proved to have been committed by the insolvent within three months next preceding the date of the presentation of the insolvency petition: Provided that no insolvency petition or order of adjudication shall be rendered invalid by reason of any act of insolvency committed anterior to the debt of the petitioning creditor. Section 52 - Description of insolvents property divisible amongst creditors (1) The property of the insolvent divisible amongst his creditors, and in this Act referred to as the property of the insolvent, shall not comprise the following particulars, namely: (a) property held by the insolvent on trust for any other a person; (b) the tools (if any) of his trade and the necessary wearing apparel, bedding, cooking vessel, and furniture of himself, his wife and children, to a value, inclusive of tools and apparel and other necessaries as aforesaid, not exceeding three hundred rupees in the whole. (2) Subject as aforesaid, the property.....

Reserve Bank of India Act, 1934 Complete Act

State: Central

Year: 1934

RESERVE BANK OF INDIA ACT, 1934 RESERVE BANK OF INDIA ACT, 1934 1934 An Act to constitute a Reserve Bank of India WHEREAS it is expedient to constitute a Reserve Bank for India to regulate the issue of Bank notes and the keeping of reserves with a view to securing monetary stability in India and generally to operate the currency and credit system of the country to its advantage ; AND WHEREAS in the present disorganisation of the monetary systems of the world it is not possible to determine what will be suitable as a permanent basis for the Indian monetary system ; BUT WHEREAS it is expedient to make temporary provision on the basis of the existing monetary system, and to leave the question of the monetary standard best suited to India to be considered when the international monetary position has become sufficiently clear and stable to make it possible to frame permanent measures; It is hereby enacted as follows :- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Reserve Bank of India Act, 1934. (2) It extends to the whole of India. (3) This section shall come into force at once, and the remaining provisions of this Act shall come into.....

Securities Contracts Regulation Act, 1956 (42 of 1956) Section 27B

Title: Right to Receive Income from Mutual Fund

State: Central

Year: 1956

.....lodging of any security, being units or other instruments issued by the mutual fund, and other documents relating to the transfer due to causes connected with the post, by the actual period of the delay. (2) Nothing contained in sub-Section (1) shall affect- (a) the right of a mutual fund to pay any income from units or other instruments issued by the mutual fund which has become due to any person whose name is for the time being registered in the books of the mutual fund as the holder of the security being units or other instruments issued by the mutual fund in respect of which the income in respect of units or other instruments issued by mutual fund has become due; or (b) the right of transferee of any security, being units or other instruments issued by the mutual fund, to enforce against the transferor or any other person his rights, if any, in relation to the transfer in any case where the mutual fund has refused to register the transfer of the security being units or other instruments issued by the mutual fund in the name of the transferee."] ___________________________ 1. Inserted vide The Securities Laws (Amendment) Act, 2004

Insurance Act, 1938 (4 of 1938) Part IV

Title: Mutual Insurance Companies and Co-operative Life Insurance Societies

State: Central

Year: 1938

.....of this Act, in so far as they are inconsistent with those rules, shall not apply to such societies. ___________________ 1. Substituted by Act 41 of 1999, section 30 and Schedule I, for "In this Part--". 2. Substituted by Act 11 of 1939, section 29, for "incorporated under the provisions of the Indian Companies Act, 1913". 3. Substituted by the Adaptation of Laws Order, 1950, for "Provincial". Section 96 - Application of Act to Mutual Insurance Companies and Co-operative Life Insurance Societies The provisions of sections 6 and 7 and of sub-section ( 2 ) of section 20 , so far as those provisions are inconsistent with the provisions of this Part, shall not apply, and the provisions of this Part shall apply, to1[ *** ] Co-operative Life Insurance Societies. _________________ 1. The words "Mutual Insurance Companies and" omitted by Act 62 of 1968, section 30 (w.e.f. 1-6-1969). Section 97 - Working capital of Mutual Insurance Companies and Co-operative Life Insurance Societies 1[No co-operative life insurance society registered after the 26 th day of January 1937 ] under the Co-operative Societies Act, 1912 ( 2 of 1912 ), or under an Act of a State.....

Income Tax Act, 1961 Section 115T

Title: Unit Trust of India or Mutual Fund to Be an Assessee in Default

State: Central

Year: 1961

.....or a Mutual Fund and the specified company] or the Mutual Fund, as the case may be, does not pay tax, as is referred to in sub-section (1) or sub-section (2) of section 115R, then, he or it shall be deemed to be an assessee in default in respect of the amount of tax payable by him or it and all the provisions of this Act for the collection and recovery of income-tax shall apply. Explanation : For the purposes of this Chapter, (a) Mutual Fund means a Mutual Fund specified under clause (23D) of section 10 ; (b) 2[***] equity-oriented fund means (i) the Unit Scheme, 1964 made by the Unit Trust of India ; and (ii) such fund where the investible funds are invested by way of equity shares in domestic companies to the extent of more than 3[sixty-five per cent] of the total proceeds of such fund : Provided that the percentage of equity share holding of the fund shall be computed with reference to the annual average of the monthly averages of the opening and closing figures ; (c) Unit Trust of India means the Unit Trust of India established under the Unit Trust of India Act, 1963 (52 of 1963);] 4[(d) money market mutual fund means a money market mutual fund as defined.....